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5.4.2012 Official
Journal
of
the
European
Union L
99/9
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 297/2012
of 2 April 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
products on importation into the Union, binding tariff
information issued by the customs authorities of Member
Having regard to the Treaty on the Functioning of the European
States in respect of the classification of goods in the
Union,
Combined Nomenclature and which is not in accordance
with this Regulation, may continue to be invoked for a
Having regard to Council Regulation (EEC) No 2658/87 of
period of 60 days by the holder, under Article 12(6) of
23 July 1987 on the tariff and statistical nomenclature and
Council Regulation (EEC) No 2913/92 of 12 October
on the Common Customs Tariff
( 1 ), and in particular
1992 establishing the Community Customs Code ( 2 ).
Article 9(1)(a) thereof,
(5) The
measures
provided
for
in
this
Regulation
are
in
Whereas:
accordance with the opinion of the Customs Code
Committee,
(1) In
order
to
ensure
uniform
application
of
the
Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
HAS ADOPTED THIS REGULATION:
it is necessary to adopt measures concerning the classifi
cation of the goods referred to in the Annex to this
Article 1
Regulation.
The goods described in column (1) of the table set out in the
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general Annex shall be classified within the Combined Nomenclature
rules for the interpretation of the Combined Nomen
under the CN code indicated in column (2) of that table.
clature. Those rules apply also to any other nomenclature
which is wholly or partly based on it or which adds any
Article 2
additional subdivision to it and which is established by
Subject to the measures in force in the Union relating to
specific provisions of the Union, with a view to the
double-checking systems and to prior and retrospective
application of tariff and other measures relating to
surveillance of textile products on importation into the
trade in goods.
Union, binding tariff information issued by the customs auth
orities of Member States which is not in accordance with this
(3) Pursuant
to
those
general
rules,
the
goods
described
in Regulation, may continue to be invoked for a period of 60
column (1) of the table set out in the Annex should be
days, under Article 12(6) of Regulation (EEC) No 2913/92.
classified under the CN code indicated in column (2), by
virtue of the reasons set out in column (3) of that table.
Article 3
(4)
It is appropriate to provide that, subject to the measures
This Regulation shall enter into force on the twentieth day
in force in the Union relating to double-checking systems
following that of its publication in the Official Journal of the
and to prior and retrospective surveillance of textile
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 April 2012.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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L 99/10
EN
Official Journal of the European Union
5.4.2012
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
A rectangular article measuring approximately
6303 92 10 Classification
is
determined
by
General
Rules
1,
60 × 300 cm, composed of two different
3(b) and 6 for the interpretation of the
layers (one layer of textile fabric and one
Combined Nomenclature, Note 1 to Chapter
layer of paper) glued together and having a
63, Note 7(e) to Section XI and the wording of
total thickness of approximately 0,26 mm.
CN codes 6303, 6303 92 and 6303 92 10.
The layer of textile fabric consists of non-
The non-woven textile fabric confers the essential
woven synthetic (polyester) fibres with a
character to the article, because its presence is
thickness of approximately 0,18 mm and a
predominant in quantity and weight, and
weight of approximately 48,3
g/m 2 . The
because of its important role in relation to the
layer of paper has a thickness of approxi
use of the article (see also the Harmonised
mately 0,08 mm and a weight of approxi
System Explanatory Notes to General Rule for
mately 20,9 g/m 2 .
Interpretation 3(b), point VIII). More specifically,
without the reinforcement function of the non-
The visible side of the paper layer is slightly
woven textile fabric, the determined use would
patterned and has four textile cords of cotton
not be possible. Therefore, classification under
(in the form of twine) glued vertically along
Chapter 48 as an article of paper is excluded.
the whole length. On the same side, thin
bamboo sticks run horizontally across the
As the article consists of two different materials
full width at approximately 4 cm-intervals.
gummed together (the polyester non-woven
textile fabric and the paper), the article is
The article can be used for several purposes,
considered to be a made up article within the
for example as a panel curtain, as a room
meaning of Note 7(e) to Section XI.
divider, to hide open storage or to replace a
door.
As the thin bamboo sticks are glued at intervals
of approximately 4 cm it is considered that they
(panel curtain)
only have an ornamental function and do
not contribute to reinforcing the article.
(see photograph No 657) (*)
Consequently, classification under Chapter 46
as an article of bamboo is excluded.
Due to its size, the possibility to shorten it to the
desired length by simply cutting, and the fact
that it can be used for several purposes related
to the use of the curtain, the article has the
objective characteristics of a curtain or interior
blind.
It is therefore to be classified under CN code
6303 92 10 as a curtain or interior blind, of
synthetic fibres.
(*) The photograph is purely for information.

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EN
5.4.2012 Official
Journal
of
the
European
Union L
99/11
657

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Document Outline

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